A basic guide to your contract with Marketing Guru
Order Form and Terms & Conditions
When ordering your marketing list for the first time, your designated Account Manager will email you an Order Confirmation form and a set of our Terms & Conditions. These documents should clearly explain the criteria of the business or consumer data you have ordered, delivery timescales, any other information required for the order, the data elements supplied and the Terms and Conditions of our agreement.
Once you have signed and faxed back the documents, your Account Manager will book you job in on our Accounts system and allocate you an order number. The Order Form and our Terms & Conditions are essential documents which constitute a legal contract between Marketing Guru (supplier) and yourselves (client). Should you have any concerns about what you are agreeing to, please speak to your Account Manager for a more detailed explanation.
Delivery of your database
Marketing Guru will endeavour to supply your database via email within the estimated timescales. We do not guarantee 100% delivery timescales, but will try our best to supply you with business data within 24 hours of ordering and consumer data within 48 hours.
Mailing lists are almost always emailed as an Excel spreadsheet or for larger orders sent via courier on CD Rom.
Database licenses - a legal contract
When you purchase a consumer or business list you may have two options - to rent a list on single use or to lease for 12 months. Either option is a legal contract with Marketing Guru to use the list a certain way.
Renting a list (or “single use”) means you can only mail the recipient or approach by telephone once. If you use the list beyond your license agreement, you are liable to at least the full cost once again, depending on how many times you have used the list. Please refer to our Terms & Conditions which your Account Manager can email you.
A 12 month “multiple use” license equates to using the list on a multiple basis over the contract period. Again, should the list be used outside that contract period you will be liable for at least the original invoice value. Again, contact your Account Manager for a copy of our latest Terms & Conditions.
Data is “seeded” with contacts who have a relationship with Marketing Guru, this enables us to know how you have used the list for your unique list order. Should you use the list outside your contract with us, we would expect immediate payment which would usually be the same amount as the original invoice value.
Misuse of our lists and non-payment for marketing lists provided will result in your case being passed to our solicitors and immediate legal action being taken.
Refund and cancellation policy
Marketing Guru has a clear cancellation policy - once you have signed the Order Confirmation and faxed back, we will begin to process your data. There are often significant costs and royalty fees to pay in order to process and output a database. We do not accept cancellation of an order once we have received a signed order - the client will still be liable to the full amount of the invoice.
The refund policy is to analyse on a case by case basis. Refunds are not provided where a client has an issue with the quality of data – the terms of our data contracts preclude any liability for inaccurate information supplied.
Marketing Guru do make guarantees on business and consumer mailing lists - should gone aways exceed 4% we will provide a refund for the cost of the data for the gone aways only. Alternatively, we can provide 2 for 1 records on gone aways, where the volume has exceed 4%. In these cases, the client needs to send us the “gone aways” as proof, we will then provide the necessary refund or credit.
Similarly, we provide telephone number guarantees but this depends on the type of list you are purchasing. For email marketing, Marketing Guru guarantee deliverability for consumer emails and for b2b email data provided, there are no guarantees due to high rates of attrition. Please contact your Account Manager for further information on the specific marketing lists you are interested in.
Payment Terms
When you order a marketing list, if you have an Account and have passed our credit check, we will begin data processing once we have received your Order Confirmation. Terms of payment are usually 30 days unless otherwise specified. Late payment can be subject to interest, admin fees and non-payment is always followed up with legal action.
For businesses that are required to pay on a pro-forma basis, we take Visa, Mastercard and all popular debit cards for which payment can be taken over the phone. You can also pay by BACS or cheque if you prefer. We are unable to start data processing until we have received payment if your order is on a pro-forma basis, so delays can occur if you haven’t been able to make payment.
Click here to search our business lists or click here to search our consumer lists.
